Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

What is a Deposition?

Deposition lawyer

A deposition is an examination that is held under oath in relation to the case you are involved in. If you bring a lawsuit because you’ve been injured in a personal injury accident, car accident, construction accident, premises accident for example, one of the stages of bringing that lawsuit will likely include appearing for a deposition. If you are being sued in an action as a Defendant, you will also likely have to appear for a deposition.

When we say an exam, it’s not an exam to test you in any way but it’s simply a process where the other side get to ask questions of you about yourself, your accident and your injuries. We tell everyone of our clients, it’s not a guessing game, its simply an exercise in finding out the information that you have related to your case. The purpose of a deposition is to find out what information that particular witness has and to allow all parties find out the essential facts of the case before going to trial.

Our firm deals with depositions in personal injury actions on a daily basis. For personal injury actions, we always prepare our clients in advance of the deposition and inform them as to why they are doing a deposition and what the deposition entails. We inform them that they will be questioned about their background because this is a personal injury action, and they’re entitled to get to know a little bit about you. In the same token, we are entitled to ask background questions of the Defendant(s) witnesses to get to know about them also. In addition, they will ask you questions about your accident, how it occurred, when it occurred and the details surrounding the accident. They will then ask you questions about your injuries, your medical treatment, and how the injuries from the accident have affected your life.

Where does the Deposition take place? Do I need to appear before a judge?

In order to bring personal injury lawsuit, a deposition is one of the most fundamentally important stages of that lawsuit. It is crucial that you have an experienced personal injury attorney on your side to prepare you and educate you so that you feel comfortable and prepared before undergoing the deposition.

Most depositions take place in a reporting office, you sit around the table with your attorney and the attorneys for the other side sit across the table and between the two sides, a court reporter or stenographer as they are called will transcribe what is said during the deposition. Since Covid 19 entered our lives, most if not all of our depositions have been conducted remotely over zoom which is very convenient for all sides involved and also allows the witness to feel more comfortable, some do it from the comfort of their own home, some come to their attorney’s offices.

It’s important to note that being questioned in a deposition is the same as being questioned in court because you are under oath, swearing to tell the truth so it’s important that you are truthful and prepared for your deposition.

If you’ve been injured in an accident, a car accident, a construction accident, slip and fall or a trip and fall accident, call the Law Offices of Darren T Moore P.C for a free consultation at 917-809-7014 and speak to our experienced personal injury attorneys who will guide you and direct you along the right path in relation to the steps that need to be taken to protect your interests.

Premises Liability Accidents

Slip and fall and trip and fall accidents.   

Premises accidents are very common in New York and each year countless people are injured because of dangerous and defective conditions on or about properties within New York. Whether it involves someone tripping and falling or slipping and falling as a result of a dangerous, defective condition, such incidents can cause serious, permanent injuries including fractures, injuries requiring surgery and traumatic brain injuries (TBI). 

Some examples of premises accidents are; 

As we head into the winter season, the weather conditions get colder, the snow and ice arrive and with that bring its own problems for pedestrians here in New York. Each year in New York, we experience a number of snowstorms and each storm leaves dangerous, slippery and icy conditions on the sidewalks in New York City that, when not cleaned up or not cleaned up correctly can leave the area dangerous for pedestrians to walk across. 

We often have clients who come to us after tripping and falling over a sidewalk flag that is mis-levelled, cracked or in disrepair in front of commercial premises and this defect caused their accident and subsequent serious injuries. 

 Injury caused to a person by a dangerous condition on or within a property that has been left unrepaired.  

Since we founded our firm at the Law Offices of Darren T Moore, our New York City premises liability lawyers have been fighting to protect the rights of people injured, in all types of premises accidents including, slip and fall and/or a trip and fall accidents. If you’ve been injured due to an unsafe, neglected or dangerous condition on a property or in front of a property for example on a sidewalk, you need to consult the premises liability attorneys at the Law Offices of Darren T Moore.  

Business owners, lessees and owners of commercial premises have a duty to the people who are lawfully present within their premises to maintain their property in a reasonably safe condition. Private property owners may also be held legally responsible for personal injuries, which occur on their premises or property.  

Even though premises liability accidents cases may seem straightforward, New York law favours the premises owner when it comes to these accidents and just because someone trips and/or slips and falls in a premises accident and is injured, doesn’t necessarily mean they are entitled to compensation. The injured person must prove that the property owner (i) caused or created the dangerous defective unsafe condition or (ii) that they actually knew about the condition or (iii) that the condition was present for a long enough time period for the owner to become aware of it.  

Those are the essential facts that must be proven in a premises accident liability case. For those reasons, you must consult a premises liability attorney familiar with the laws related to premises liability cases and a premises liability attorney familiar with dealing with slip and fall and/or trip and fall accidents. If you hire an attorney, that attorney will usually investigate the accident, which may include an inspection of the premises and condition that caused the accident, sending an investigator to get pictures and measurements of the condition or defect and securing all available evidence as quickly and as promptly as possible. Your premises liability attorney may also consultant and retain experts such as engineers or architects to inspect and provide expert opinion for your case. 

New York premises liability attorneys at the Law Offices of Darren T Moore promise to aggressively fight and help you and your family obtain “Moore Justice” for your injuries. If you have been injured due to the negligence of another, please contact our firm to discuss your case.

Our Motto is “MOORE JUSTICE” and we seek that in every case retained by our firm.

Call us today at (917)809-7014 for a free consultation.

Construction Accident – Trip and Fall

Construction accident lawyer

As we mentioned in our previous blog post regarding slip and fall accidents https://www.injurylawatty.com/our-blog/, according to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 occurred in the construction industry. Aptly called the “fatal four,” the four main causes of worker deaths in the construction industry were falls, followed by being struck by an object, electrocution, and caught-in/between. The “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018.

Many of these falls occur because of carelessness and dangers on job sites, because of the fact that profits and deadlines are prioritized over safety and the employee. The person who sits in the large windowed office is often the person who reaps the benefits of the jobs expedited completion but he/she is not the one who puts themselves in harm’s way to get to that stage. That role is played by the unknowing construction worker who often suffers a fall and subsequent injury because of the shortcuts that were taken on site to get to the stage of completion. “Falls,” be it from a height, through a hole, as a result of slipping on a slippery substance make up a large majority of the reported falls on construction sites but there is also the “trip and fall” that occurs on a job site that causes serious personal injury that includes, fractures, traumatic brain injury, spinal cord injury, orthopedic injury and even death.

If you’ve been injured due to a trip and fall while working at a construction site or project, workers compensation is likely NOT YOUR ONLY OPTION.

Yes, workers compensation will cover your medical treatment and your loss of earnings but you may be entitled to bring an action for personal injury and compensation against the owner and general contractor of the job site because of the dangerous and unsafe condition of the construction site that caused your injury. The Labor Law in New York was enacted to protect construction workers who suffer on the job injuries as a result of dangerous and defective on-site conditions.

You should talk to an experienced construction accident attorney at the Law Offices of Darren T Moore PC who can guide and advise you as to whether you have a valid personal injury claim.

At the Law Offices of Darren T Moore PC, our construction accident attorney’s will evaluate the facts surrounding your accident and can guide and potentially fight for full and fair compensation for your injuries which may include not only past pain and suffering, lost wages and medical but also the future pain and suffering, future loss of earnings and future medical costs.

Labor Law 241(6)

ALL CONTRACTORS AND OWNERS AND THEIR AGENTS, EXCEPT THE OWNERS OF ONE AND TWO FAMILY DWELLINGS WHO CONTRACT FOR BUT DO NOT DIRECT OR CONTROL THE WORK, WHEN CONSTRUCTING OR DEMLISHING BUILDINGS OR DOING ANY EXCAVATING IN CONNECTION THEREWITH SHALL COMPLY WITH THE RULES AND REQUIREMENTS OF THE INDUSTRIAL CODE – Part 23 of Title 12 of the NEW YORK CODES, RULES AND REGULATIONS (NYCRR).

Part 23 deals with an array of different construction activities and situations and this article will focus on § 23-1.7 (e)(1) and (2) which focuses on Protection from Tripping and Other Hazards:

The section states:

(1)   Passageways.   All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered.

(2)   Working areas.   The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed.

Now importantly, what is a working area and what is a passageway is very often case and fact specific and this is where an experienced construction accident attorney comes in. At the Law Offices of Darren T Moore PC, our New York construction accident law firm will conduct an in-depth investigation into your case and the happening of the accident to evaluate if you have a potential cause of action against the owner and general contractor on your construction project.

The statute as referenced above, protects construction workers working on, using and travelling along “passageways” and “working areas” from tripping hazards which include items that are deemed to be an obstruction and even sharp projections like stepping on a nail. For example, if there is debris strewn around the construction site and that debris obstructs your path on site or you step on this debris and step on a “sharp extrusion” like stepping on a nail, you could be entitled to compensation. Again, this is why it’s important to sit down and discuss your accident with an experienced construction accident attorney who can help identify if your accident occurred in a passageway or walkway, if the debris will be deemed to be a dangerous condition or was it “inherent in the work that was been completed at the time.” Our New York Construction accident attorneys at the Law Offices of Darren T Moore PC are familiar with the nuances of the Labor Law and familiar with the specific sections like § 23-1.7 (e)(1) and (2) and can evaluate the facts of your case to determine if there is a potential claim for personal injury and compensation.

This list is not exhaustive but common areas that trip and fall accidents occur on a construction site are:

  • Walkway’s
  • Sidewalk
  • Hallway
  • Work area
  • Passageway
  • Lobby
  • Vestibule
  • Shanty
  • Common areas

Common causes of trip and fall accidents on construction sites include:

  • Debris
  • Planks
  • Building material
  • Sharp extrusions like stepping on a nail
  • Tools
  • Mis leveled sidewalk flag
  • Improperly placed bollards and cones
  • Steel bolts

What to do if you have tripped and fallen on a construction site?

  • Seek medical attention immediately.
  • DO NOT be forced by any person, supervisor or other person to tell medical professionals at the scene, the EMS or the ER that your accident happened any other way than the way in which it occurred. Often, unbeknownst to you, your boss, supervisor, foreman may tell you that it’s in your interest to say that the accident happened in a different way or even at a different location. This is a sneaky and selfish way for them to possibly avoid liability and harm any genuine claim for injury that you may have.

After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

  • Report your accident to a foreman or supervisor or site safety person
  • Take photos and videos of the area and condition that caused your accident, or ask someone to take pictures or videos for you if you are unable to due to injuries
  • Gather contact information of any witnesses, including names and contact details
  • Request that your employer alert workers compensation of your accident
    As soon as practical, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

What can I claim if I have a case for injury that occurred on a construction site?

  • Money damages for Pain and suffering both past and future
  • Past medical expenses
  • Future medical expenses for treatment, assistance and procedures that you’re are likely to require
  • Loss of earnings
  • Loss of future earnings which can include annuity, pension, insurance and union benefits

What if I am illegal or undocumented?

The construction industry provides work to thousands of undocumented workers in New York and many of them suffer on the job injury. If you are an illegal immigrant/undocumented person who was injured you are entitled to worker’s compensation benefits and you may be entitled to compensation for your injuries. Your status is protected and cannot be reported to the authorities and doesn’t prevent you from bringing a claim. You need to contact the construction accident attorneys at the Law Offices of Darren T Moore P.C.

At the Law Offices of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code including Section 241(6) as referenced above. Call us now at (917) 809-7014 for a FREE CONSULTATION and remember WE ONLY RECOVER IF YOU RECOVER. Our goal is “MOOREJUSTICE” for each and every client.

Five Facts To Know About Traumatic Brain Injuries

Traumatic brain injuries (TBIs), unfortunately, remain extremely common in the United States and throughout the world. According to the (“CDC”) Center for Disease Control, there were roughly 288,000 hospitalizations tied to TBIs in the U.S. in 2014, many of them due to vehicle crashes and falls (mostly the latter). In total, there were 2.5 million TBI-related Emergency Department visits that year. The Brain Injury Association of America also recently estimated that at least 5.3 million Americans live with a TBI-related disability. The association listed electric shock, infectious diseases, strokes, toxic exposure, and tumours as other common causes of brain injuries.

Moderate and severe TBIs can result in loss of consciousness. A TBI is simply a brain injury irrespective of how mild, moderate or severe. It can range from a bang or shake of the head to striking your head off the ground or being hit by an object. It can be defined as a mild, moderate or severe TBI depending on the initial severity but irrespective of the initial diagnosis, it’s the residual effects and the problems that it brings that will ultimately decide how mild, moderate or severe that the injury is. Because the brain is our body’s computer and is such a complex organ, diagnostic testing such as MRI’s and CT scans, although much more advanced are still not definitive in identifying the extent or even the origin of the brain injury. In a lot of cases, it’s the people closest to the brain-injured person who can put the jigsaw puzzle pieces together when it comes to identifying if someone has had a brain injury and whether it’s permanent. No matter who it is that has suffered a traumatic brain injury, it’s important to know all the fundamental facts related to this type of sometimes fatal injury, including what to do if you believe you sustained such injury due to someone else’s negligence. Don’t ever be misled by false information, as this type of injury can affect many people and entities around you, such as family, friends and healthcare providers.

What are some of the incidents of brain injury that we deal with in personal injury cases?

⦁ Slip and falls on sidewalks
⦁ Trip and falls over misleveled sidewalk flags or because of debris
⦁ Falling objects
⦁ Violent shaking or jerking of one’s head in a car accident – whiplash
⦁ Falling on construction sites from scaffolds or ladders
⦁ Falling through a hole on a construction site
⦁ Electric shock
⦁ Medical malpractice
⦁ Pedestrian knockdowns
⦁ Motorcycle accidents
⦁ Bike accidents
⦁ Truck accidents

March 2020 is Brain Injury Awareness Month, so we have put together five facts to know about TBIs:

⦁ Senior Citizens Are Highly Susceptible

Along with children between the ages of 0 and 4 and teenagers between the ages of 15 and 19, people aged 65 and older are at the highest risk of sustaining TBIs. Therefore, if you are an adult in the latter category, be sure to wear shoes with non-slippery soles and hold on to objects near you like handrails for support. If you believe you need someone to assist you to walk, this can also be a sound precaution.

⦁ Men Are More Likely To Have TBIs

According to some CDC research, men are (sometimes) nearly twice as likely as women to suffer from TBIs. One study revealed that between 2007 and 2013, men held higher age-adjusted rates of TBI-related hospitalizations and deaths (959 per 100,000) than women (810.8 per 100,000).

⦁ Wearing A Seatbelt Can Help

Many studies have shown wearing a seatbelt while driving (and a helmet in the case of motorcycles) can significantly help reduce the probability that a TBI occurs. Never neglect this basic safety measure.

⦁ TBIs Impact Reasoning And Emotions

The frontal lobes are the areas of the brain most commonly affected when a TBI happens. These lobes regulate both reasoning and emotional control. This means memory, language, social behavior, and even sexual capabilities can be impacted. Since impulse control is also affected, TBI victims can lash out at others unexpectedly.

⦁ Multiple Concussions Are More Severe

Although the consequences of a TBI should never be understated, sustaining several concussions is much more lethal. These types of incidents are especially common in high-contact sports like football, in which concussions can lead to severe, long-term brain trauma. The CDC has estimated that up to 3.8 million sports-related concussions happen in the U.S. every year.

What To Do After Sustaining A TBI

If you have been involved in an accident that injured your head, you should seek medical treatment immediately. You should go to the emergency room and you will likely undergo an X-ray or CT scan immediately to identify any brain bleeds, cranial change or any noticeable structural problem with the brain. However, this is not enough to diagnose a brain injury, as these types of procedures only typically reveal fractures and bleeding.

You should have a family friend or loved one close by at all times in the days following a TBI just so they can monitor your condition and take care of you.

You should also seek the opinion and advice of friends and family over the following weeks and months as much as possible so that they can give you their opinion as to whether or not you exhibit any irregular behavior patterns, such as slurred speech, unusually high forgetfulness or fits of anger and violence. These can sometimes be among the signs and symptoms of a brain injury and although it may be difficult to request such opinions, it’s in a brain-injured person’s best interests to do so early on so that you can identify the issues and seek the treatment necessary to enable recovery.

It’s important to follow up with your PCP or seek a referral to a neurologist if you believe you have suffered a brain injury. A neurologist can examine you, conduct a number of tests and recommend a course of treatment and testing which may include the new 3T DTI MRI, an EEG and possibly a referral to a neuro-psychologist and cognitive therapist.

If you or a loved one have suffered a brain injury because of the negligence of someone or some entity, you need to consult with a brain injury attorney. An experienced brain injury attorney in New York should also be able to help you determine whether you have a viable claim for a lawsuit against someone who caused you such harm for any reason. The Law Offices of Darren T. Moore P.C. are dedicated to securing “MOORE JUSTICE” for all clients. The brain injury attorney’s at the Law Offices of Darren T Moore PC are dedicated to protecting and fighting for the rights of brain injured people. If you or a loved one have suffered a brain injury you may be entitled to compensation and if so the brain injury attorney’s at the Law Offices of Darren T Moore PC can fight for MOORE JUSTICE and compensation for you for:

⦁ Physical pain and suffering
⦁ Loss of income due to disability
⦁ Medical expenses (including future)
⦁ Rehabilitation expenses
⦁ Occupational therapy
⦁ Loss of consortium claim for a spouse

Call the Law Offices of Darren T. Moore P.C. today at (917) 809-7014 or contact us online at https://www.injurylawatty.com/practice-area/brain-injury-lawyer-new-york/ for more information about our services.